You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Washington Savings & Loan Ass'n of Florida v. Concepcion Del Portillo

Citations: 419 So. 2d 805; 1982 Fla. App. LEXIS 21389Docket: No. 81-1883

Court: District Court of Appeal of Florida; September 28, 1982; Florida; State Appellate Court

Narrative Opinion Summary

In this case, a federal savings and loan association challenged a summary final judgment that prohibited the enforcement of a due-on-sale clause within a mortgage contract after the property was transferred without the lender's consent. The lower court had ruled that such clauses could not be enforced unless the lender demonstrated impairment of its security, aligning with prior state precedent. However, the U.S. Supreme Court's decision in Fidelity Federal Savings and Loan Association v. de la Cuesta clarified that federal regulations preempt state laws limiting the enforcement of due-on-sale clauses by federal associations. This decision confirmed that a lender's right to accelerate a loan is not contingent upon proving security impairment. The mortgage contract in question also allowed for interest rate adjustments upon property transfer. Given the federal preemption, the appellate court reversed the lower court's decision and remanded the case for further proceedings, underscoring the supremacy of federal regulations in governing the due-on-sale practices of federal savings entities.

Legal Issues Addressed

Authority of Federal Home Loan Bank Board

Application: The Board's regulatory power includes the enforcement of due-on-sale clauses in mortgage agreements by federal savings and loan associations.

Reasoning: The Federal Home Loan Bank Board has the authority to regulate federal savings and loan associations under the Home Owner’s Loan Act of 1933, including the incorporation of due-on-sale clauses in loan agreements.

Enforcement of Due-On-Sale Clauses

Application: The court evaluated whether a lender could enforce a due-on-sale clause without demonstrating impairment of security upon property transfer.

Reasoning: The trial court ruled that, consistent with prior Florida and Minnesota cases, the lender could not enforce the clause unless it demonstrated that the property transfer impaired its security.

Federal Preemption of State Law

Application: The U.S. Supreme Court ruling established that federal regulations preempt state laws that limit the enforcement of due-on-sale clauses by federal savings and loan associations.

Reasoning: Subsequently, the U.S. Supreme Court's decision in Fidelity Federal Savings and Loan Association v. de la Cuesta established that the Federal Home Loan Bank Board’s due-on-sale regulation preempts conflicting state limitations on the practices of federal savings and loan associations.